What is a petition for writ of certiorari?
A petition for writ of certiorari is a type of appeal in criminal cases in Tennessee. It is a petition made by a defendant to an appellate court in order to have the court review the decision of a lower court or an administrative agency. The petition for writ of certiorari is usually written by an attorney on behalf of the defendant. It requests that the appellate court review the decision of the lower court or administrative agency. The petition must provide the grounds for the appeal and must include any evidence or arguments that the defendant wishes to present. If the appellate court decides to grant the petition, the court will issue an order, called a “writ of certiorari.” This order will direct the lower court or administrative agency to provide a certified (official) copy of the court record to the appellate court for review. The appellate court will then review the record and decide whether or not to hear the appeal. In Tennessee, the appellate court may grant or deny the petition for writ of certiorari. If the petition is granted, the appeal will proceed to the appellate court, where the court will decide whether the decision of the lower court or administrative agency was correct. If the appellate court finds that the decision was incorrect, it will order that the lower court’s decision be set aside and that a new decision be made.
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